Lekhu Ram Verma vs The Registrar
2022 Latest Caselaw 3261 Chatt

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                                                                        NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                      Writ Petition (S) No. 3233 of 2022

      Lekhu Ram Verma S/o Shri Makhan Lal Verma, Aged About 51 Years
      R/o Village - Saginkachar, Post - Khamera, District : Rajnandgaon,
      Chhattisgarh

                                                                ---- Petitioner

                                   Versus

   1. The Registrar Cooperative Societies, Indrawati Bhawan, Atal Nagar
      District - Raipur, Chhattisgarh

   2. The Joint Registrar, Cooperative Society, Durg Division, District : Durg,
      Chhattisgarh

   3. The Deputy Registrar, Cooperative Society, Rajnandgaon, District :
      Rajnandgaon, Chhattisgarh

   4. The Managing Director, Sewa Sahakari Samity Maryadit, Kokpur,
      District : Rajnandgaon, Chhattisgarh

                                                            ---- Respondents

For Petitioner : Mr. Akshat R. Mishra, Advocate For State : Mr. Suyash Dhar, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 05.05.2022

1. The limited prayer that the petitioner makes at this juncture is for an

appropriate direction to the respondents to consider the representation

that the petitioner has made in the light of the judgment of acquittal

dated 19.03.2021 passed by the JMFC, Rajnandgaon which has also

been affirmed by the Additional Sessions Judge, Rajnandgaon in

Criminal Appeal No. 17/2021 decided on 04.09.2021.

2. The representation has been made by the petitioner seeking for

recalling of the order of termination which was made on the petitioner

being implicated in the criminal case and having undergone custody

for more than 48 hours.

3. Learned State counsel submits that it is a case where the service

conditions of petitioner were otherwise governed by the Cooperative

Societies Act and he has an appropriate remedy under the said Act.

4. Having considered the submissions made on either side and on

perusal of records, since the prayer has been restricted only for a

direction to decide the pending representation by the respondents, the

present writ petition as of now stands disposed of directing the

respondents to consider the representation that the petitioner has

made so far as the claim for reinstatement in service is concerned in

the light of the judgment of acquittal. The respondents are expected to

take a decision on the pending representation of petitioner within an

outer limit of 60 days from the date of receipt of copy of this order.

5. However, it is made clear that if the respondents take a decision

detrimental to the interest of the petitioner, the right of the petitioner

stands reserved to challenge the same before the competent authority

under the Cooperative Societies Act.

6. The writ petition accordingly stands disposed of.

Sd/-

(P. Sam Koshy) Judge Khatai